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2018 (4) TMI 302 - HC - Indian LawsCheque bounced - validity of cheque - Repayment of loan - Since the defence was that the amount had been repaid, the onus was on Respondent No. 1 to prove by cogent evidence that he had re-paid the loan amount sum to the petitioner and there was no legally recoverable debt when the subject cheques were presented for encashment - complaint under Section 138 of the Negotiable Instruments Act - Held that: - Neither any document nor any independent witness from the bank was produced to show that any amount had been deposited by him in the bank account of the Petitioner or his wife and daughter. On the other hand he admitted in his cross-examination that he used to deposit money for membership of committee which supports the explanation of the petitioner that the amount of ₹ 20,000/- was towards an independent transaction. Further Respondent No. 1 did not even examine his brother who is alleged to have paid ₹ 70,000/- to the petitioner. Respondent No. 1 also could not give the details of the payments made and the respective dates or amounts - No evidence was produced by Respondent No. 1 to show that the subject cheques were issued in the year 2009 – 2010. Respondent No. 1 failed to even show that he had demanded the return of the subject cheques, when he is alleged to have repaid the loan amount. Even the statutory demand notice was not responded to. Merely because a cheque book with printed date “___/____/200___” is used after 01.01.2010 would not invalidate the cheque or become a suspicious circumstance in itself. Clearly the reasoning of the Appellate Court on this count is also perverse and untenable. Petition allowed.
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